If you or a loved one requires legal representation for obtaining visas, green cards, citizenship, adjustment of status, or stopping deportation, our experienced Los Angeles immigration attorneys may be able to help.

Most people are more familiar with sexual harassment (and non-sexual harassment, for that matter) in the context of employment relationships. But California Civil Code 51.9 recognizes that sexual harassment can be every bit as traumatic when it takes place in different situations--for example, when someone is harassed by a physician, landlord or teacher.2

If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.

1. Who can commit professional relationship sexual harassment under California Civil Code 51.9?

Civil Code 51.9 gives you the right to file a civil lawsuit in response to sexual harassment by someone with whom you have a business, service or professional relationship.3

Below, we list several examples of common professional relationships in which professional relationship sexual harassment can take place.

It's important to note that this NOT an exhaustive list. Other sorts of relationships can be covered under California's law against professional-relationship sexual harassment.4

However, Civil Code 51.9 only gives you a right to sue for sexual harassment if the professional relationship involved is one that you cannot terminate easily.5

Example: Karl is Harriet's regular plumber. She calls him whenever something goes wrong with the plumbing at her house.

On one service visit, Karl tries to kiss Harriet. When she refuses, he gets angry and throws a tool across her living room. It hits and breaks a lamp. Harriet then asks Karl to leave, and he complies.

Even though Karl may have sexually harassed Harriet, she probably does not have a case under Civil Code 51.9, because it will be easy for her to terminate their professional relationship and find a new plumber.

1.1. Doctor or therapist sexual harassment of patients

Sexual harassment by physicians, psychotherapists, dentists, and similar professionals (including nurses and nurse practitioners) is one of the most common types of professional relationship sexual harassment under Civil Code 51.9.6

Example: Marissa has suffered from severe depression for years. Her condition begins to improve after she begins seeing Tom, a psychotherapist who helps her work through several traumatic experiences from her childhood. She depends on her weekly sessions with Tom to help her preserve her mental health.

But one day Tom makes a pass at her. When Marissa resists his sexual advances, he threatens to tell her husband some of the secrets she has told him in therapy.

Marissa's professional relationship with Tom is one that she cannot terminate without consequences for her mental health. So she may be able to sue him for Civil Code 51.9 sexual harassment as a result of this incident.

1.2. Teacher sexual harassment of students

Because of the power dynamics at play, sexual harassment of students by teachers or professors is all too common in California.

Teacher-student sexual harassment is also considered a form of professional-relationship sexual harassment under California harassment law.7

Sexual harassment in the context of a business, professional or service relationship is defined as sexual advances, solicitations, sexual requests, demands for sexual compliance, or verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, where such behavior is both

unwelcome, and

either pervasive or severe.11

The requirement that the unwanted sexual behavior be either severe or pervasive is key to a successful lawsuit for professional-relationship sexual harassment.

"Pervasive" means that the behavior occurs frequently. Therefore, for an isolated incident of unwanted sexual conduct to count as business-relationship sexual harassment, it must be "severe"--which in practice usually means that it has to involve physical assault or a threat of physical assault.12

Example: Lourdes lives in an apartment building. Daniel is the property manager.

One day a security camera in Lourdes' apartment reveals that Daniel let himself in while she was not home, went into her and her daughter's bedrooms, opened their drawers, and sniffed their underwear.

Daniel's behavior does not count as professional-relationship sexual harassment under Civil Code 51.9. It is not pervasive because it is an isolated incident. And disturbing as the incident is, it does not count as "severe" either--because there was no threat of physical assault.13

3. Do I have to suffer damages to sue my harasser for professional-relationship sexual harassment in California?

The short answer is yes. California Civil Code 51.9 requires a plaintiff in a business-relationship sexual harassment lawsuit to show that s/he has suffered or will suffer economic loss or disadvantage, or personal injury, as a result of the harassment.14

But it is important to note that "personal injury" for purposes of a professional-relationship sexual harassment lawsuit can include emotional distress. it can also include the violation of a statutory or constitutional right (such as the right to be free from gender-based discrimination in housing or employment).15

Call us for help...

For questions about professional-relationship sexual harassment under California Civil Code 51.9, or to discuss your case confidentially with one of our skilled California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group.

We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Legal References:

Civil Code 51.9 CC - Sexual harassment; business, service and professional relationships. ("(a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements: (1) There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship may exist between a plaintiff and a person, including, but not limited to, any of the following persons: (A) Physician, psychotherapist, or dentist. For purposes of this section, “psychotherapist” has the same meaning as set forth in paragraph (1) of subdivision (c) of Section 728 of the Business and Professions Code. (B) Attorney, holder of a master's degree in social work, real estate agent, real estate appraiser, accountant, banker, trust officer, financial planner loan officer, collection service, building contractor, or escrow loan officer. (C) Executor, trustee, or administrator. (D) Landlord or property manager. (E) Teacher. (F) A relationship that is substantially similar to any of the above. (2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe. (3) There is an inability by the plaintiff to easily terminate the relationship. (4) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2). (b) In an action pursuant to this section, damages shall be awarded as provided by subdivision (b) of Section 52.")

Same. See also C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1106. ("As can be noted, section 51.9 applies when a service or professional relationship exists. Depending on the facts, a certified nurse assistant can have a service or professional relationship with a patient, as can other hospital staff. It depends on the facts.")

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